§1 - Preamble
The services offered by Mennad Translations include specialist translation, proofreading and editing services from German into English and vice versa. The client agrees to his/her company data being stored electronically solely for the purpose of our cooperation. This data will be stored within the boundaries of the data protection act. Mennad Translations accepts orders subject to the client’s acceptance of the conditions contained herein, each of which is to be interpreted separately and in its own right, without exception or reservation. The Terms and Conditions contained herein cancel out any terms and conditions the client may have with regard to translation and proofreading work.
§2 - Order processing
Provision of documents
The client is responsible for ensuring the complete delivery of all documents to be processed. All information and documents relating to an order have to be delivered in the written word. All verbal agreements require a corresponding written protocol from the respective contract party. Such protocols will be sent and accepted by post, fax or email.
Mennad Translations carries no responsibility for the translation of hand-written documents or other illegible documents, including poor fax copy. Should names, addresses, dates etc. not be clarified by the client before the documents are sent to Mennad Translations, the project will be carried out to the best of our ability. Any costs that arise from necessary changes, reprinting and/or certification will be carried by the client. Mennad Translations reserves the right to decline acceptance of any illegible text or texts of an illegal or libellous nature and are hereby released from responsibility by the client in respect of any claims, costs, proceedings or expenses arising from the translation of libellous matter or for any infringement of copyright, patent or design.
§3 - Quotations
Any quotations made serve as guidelines and are not binding. Quotations made without sight of text are subject to amendment at any time after sight thereof. When the client changes the scope of the project or the deadline once a quotation has been accepted or during the project itself, any additional costs ensuing will be calculated by Mennad Translations and added to the original quotation.
Line prices will vary according to (a) the subject matter of the translation, (b) the purpose of the translation, (c) the degree of technical knowledge required and (d) the given deadline. Assessment of point (c) will be at the absolute discretion of Mennad Translations.
§4 - Prices
(a) Translation
The calculation basis for all translation projects is the current price list. All prices listed are net prices to which the corresponding level of German VAT will be added for clients residing in the Federal Republic of Germany. Translations will be billed per standard line or by the hour. For more details, please refer to our current price list. A standard line = 50 keystrokes. The number of standard lines is calculated using the MSWord computer system. Numbers are also included in the standard-line calculation. The number of lines is calculated based on work actually done (completed target language). During an initial enquiry, the client is obligated to inform Mennad Translations that the translated document is to be published, whether in printed form, on the Internet, or in any other form.
(b) Exceptions to the pricing regulations
The translation of Excel tables (including those within company reports), PowerPoint files and unrelated texts (tables, menus) will be billed at an hourly rate. Adaptation of advertising texts and slogans will be billed at an hourly rate or at a fixed rate decided on by Mennad Translations and the client before commencement of the project.
(c) Proof reading
Proof reading will be billed at an hourly rate. For more details, please refer to our current price list.
(d) If Mennad Translations discovers during the course of the project, that costs will substantially exceed those given in a quotation, the client will be notified immediately. If the client terminates the project for this reason, he/she is bound to pay all costs incurred by Mennad Translations up until the point of termination.
§5 - Express translations
Should the client require work done in a very short time, no liability will be accepted for inaccuracies of any kind in the finished work. The requirement to produce a translation in a limited time goes beyond the boundaries of the normal practice of translation and checking done by Mennad Translations. In such a case, the work will be carried out to the highest standard possible under the given circumstances.
§6 - Delivery, acceptance and payment
Delivery of work shall be accepted when tendered. All bills are to be paid, without deductions, within a period of 28 days from the date of issue. All work remains the property of Mennad Translations until full payment has been made. To assist Mennad Translations in keeping costs down to a minimum and in providing clients with a service they expect, clients are requested to make payment in accordance with these terms. Delayed payment will result in interest being charged at the rate of 2.5% above the base interest rate per month and parts thereof, and failure to pay invoices by their due date may, in addition to the accrual of interest, lead to the withdrawal of Mennad Translations’ services either temporarily or permanently. Each reminder also carries an automatic administration fee of €5.
§7 - Force Majeure:
Every effort will be made to ensure delivery is made in accordance with the deadline suggested by the client. Mennad Translations is not responsible for delayed deliveries caused by Acts of God, war, or labour dispute, fire, flood, technical problems (i.e. availability of email services), or any other cause beyond their control. Should difficulties be expected due to any reason whatsoever, the client will be informed as soon as the problem has been recognised. If the suggested deadline passes without delivery, Mennad Translations will be granted an acceptable extension period.
§8 - Terminations
Should the client terminate the project for reasons not connected to Mennad Translations, he/she has to pay all the costs incurred up until the point of termination.
§9 - Confidentiality
All texts, information and documents are treated with utmost confidentiality. Moreover, Mennad Translations and all its partners are committed to confidentiality for the duration of the project and for an unlimited period of time thereafter. Direct contact between the client and Mennad Translations’ external partners is strictly prohibited, unless Mennad Translations has authorised such contact, in writing, in advance. Moreover, should any external partner breach this regulation and contact you directly, he/she does so without our authorisation. In such a situation, the client is committed to informing Mennad Translations immediately.
§10 - Guarantee and Liability
(a) Mennad Translations is professionally insured against injury to people, for damage to property and damage to somebody’s financial position caused directly by work undertaken.
(b) Translation projects are carried out both internally and externally by qualified and experienced professionals. All personnel translate into their native language. In the case of inadequate translation, the client has the sole right to have the translation corrected or completely re-translated. Obvious deficiencies have to be reported to Mennad Translations within 10 days of the date of delivery, in writing, with factual reasoning. If this is not done, the delivery will be regarded as having been accepted. Deficient is hereby defined as being based on objective criteria. Objective criteria are those that are not connected to layout, personal taste or questions of interpretation. Mennad Translations has the right to correct any errors made and is obliged to do so free of charge. If this correction or re-translation also proves unsuccessful, the client has the right to reduce the price or terminate the contract, and to do so at his/her discretion. If other costs arise for any reason, including negligence, Mennad Translations’ liability (if any) shall be limited to the sums contained in our insurance cover. Mennad Translations is only responsible for the loss or damage to documents sent for translation or for any other purpose if this loss or damage is caused directly. Mennad Translations accepts no responsibility for any alterations made by third parties to work which Mennad Translations has delivered.
When clients alter work delivered by Mennad Translations without consultation, they are prohibited from printing Mennad Translations’ name or any other details connecting Mennad Translations with the work.
(c) Any dispute or disagreement arising between Mennad Translations and any client as a result of this contract or work undertaken shall be referred to an arbitrator to be mutually appointed by Mennad Translations and the client. No proceedings shall be brought in any court in respect of any dispute or disagreement unless the said dispute or disagreement has first been referred to arbitration. In such a case, jurisdiction and location of the court for all disputes arising from this contract is Frankfurt/Main, Germany.
§11 - Final clause
Any amendments of any kind have to be made in writing. Should a situation arise whereby any one of the clauses in this contract becomes invalid, the validity of the other clauses remains intact. The contract parties are bound, in such a case, to agree on a replacement clause that comes as close to the original as possible.
